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Bonita Trimmer and Giles Parsons provide a cross-EU survey of the geographical factors in the assessment of genuine use of an EUTM

In accordance with Article 69 EPC and the corresponding Article XI.28 of the Belgian Code of Economic Law, the scope of a granted patent is determined by the claims, and the description and drawings are to be used to interpret the claims. Similar to the Protocol on the Interpretation of Article 69 EPC, the Belgian Article XI.28 specifies that, for the purpose of determining the extent of protection conferred by a patent, due account shall be taken of any element which is equivalent to an element specified in the claims. This is the so-called doctrine of equivalence. This doctrine can be used by the patentee to claim a broader scope of protection in infringement proceedings.

Lady Gaga (through Ate My Heart Inc) owns several EU trade marks for the name for a multitude of goods and services. The services that mattered in this case are "entertainment" in class 41 contained in several of these word marks.

As explained in previous briefings, the New Argentine Civil and Commercial Code, in effect as of August 1 2015, includes, when addressing different issues, regulations referred to intellectual property. That is the case of regulations that govern agreements and among those agreements is the concession agreement.

Tanzania is a United Republic comprising of Mainland Tanganyika and the island of Zanzibar. Although Tanganyika and Zanzibar are considered a United Republic, no unified Industrial Property Law has been enacted. Tanzania and Zanzibar thus had different laws for plant breeders' rights (PBRs), also known as plant variety protection. PBRs are a sui generis system of IP rights designed specifically to protect new varieties of plants.

The UK has voted to leave the European Union, but how does this affect patents? Patents can be obtained in the UK via two separate means, either directly from the UK intellectual Office (UKIPO) which is governed by the UK Patents Act, or from the European Patent Office. Both organisations are unaffected by the UK leaving the EU. The European Patent Office is not an EU organisation, and already has members who are not member states of the EU such as Turkey, Norway and Switzerland.

Recently, the Korean Supreme Court made a key decision regarding how to read the prior art when making an inventive step determination (2013 Hu 2873 and 2880 (consolidated), January 14 2016).

It has now been nearly two months since Britain voted to leave the European Union. Confidence has steadily returned to the business community since the result was announced as many now look to grow during what could be a lengthy Brexit negotiation. By Paul Mitchell, Novum Global Strategies

In a call with reporters, the Patent Trial and Appeal Board chief judge said the number of judges now is enough, praised the impact of submitting expert declarations with preliminary responses, and said the Board was open to going beyond the 12-month statutory deadline for issuing final written decisions

Oracle asking for Google’s copyright win to be thrown out, the USPTO being sued for declaring federal holidays, details of lawyers’ fees in the Happy Birthday case, Microsoft and Lenovo agreeing a patent cross-licensing deal, Rovi renewing a licence with Dish, and the FTC’s crackdown on social media influencers were in the intellectual property headlines